Family-Based Petitions

Are you a Lawful Permanent Resident or U.S. citizen who is interested in getting a green card for a family member? LPRs are entitled to apply for permanent residence for their spouses and unmarried children. U.S. citizens can apply for permanent residence for spouses, parents, and married or unmarried children. The eligibility of any individual family member will depend on that person’s specific history as it relates to the requirements of permanent residence.

Family members immigrate according to “preference categories.” These categories determine the approximate length of time that the family member will have to wait to be eligible for residence. Some preference categories have a very long wait time.

Adjustment of Status Through Marriage

One of the ways to achieve LPR status, or a "green card," is through marriage. A spouse qualifies as an immediate relative to a U.S. Citizen. As a Texas State University student present in the United States, you can become a lawful permanent resident based on this relationship and several other qualifications:

  • You must have been inspected and admitted to the U.S. or inspected and paroled into the U.S.;
  • You must be physically present in the U.S. at the time you file; 
  • You must be eligible to receive an immigrant visa;
  • An immigrant visa is immediately available to you at the time you file and at the time USCIS makes a final determination on your application;
  • The qualifying relationship still exists;
  • No bars to adjustment apply to you (found in INA § 245(c));
  • You are admissible into the U.S. or qualify for a waiver of inadmissibility or some other form of relief;
  • You merit a favorable exercise of discretion by USCIS.

Bobcats seeking adjustment of status through marriage will need to file form I-485, and their spouse will need to file form I-130. You may make an appointment for yourself or for you and your spouse with the Attorney for Students Office to discuss your case, options, and timeline. 

 

Our office--including attorneys and all of our office staff--is bound by the duty of confidentiality and attorney-client privilege. Any communication you make with our office, including phone calls, emails, or in-person and virtual meetings, are protected and privileged. Information about your status or other personal information is safe here. 

To make an appointment with an immigration lawyer, give us a call at (512) 245-2370. Be sure to have your student ID # (ex: A01234567) available to schedule an appointment.